Express News Service
NEW DELHI: A Delhi court on Wednesday reserved for August 4 its order on the anticipatory bail application of Congress leader Jagdish Tytler in a case related to the killing of three people in Pul Bangash area here during the 1984 anti-Sikh riots.
Special Judge Vikas Dhull reserved the order after hearing arguments of Tytler’s counsel and the Central Bureau of Investigation (CBI) which is probing the case.
Opposing the Congress leader’s plea, the central probe agency argued that the witnesses in the case have come forward showing great courage, and the possibility of influencing them cannot be ruled out.
“As per the statements of new witnesses, prima facie the role of Jagdish Tytler appears,” the CBI argued.
During the proceedings, a woman, who claimed to be a victim, told the court it has been 39 years and they have still not got justice, and broke down in front of the judge.
Senior advocate H S Phoolka, who has been representing the riot victims for around four decades, and other advocates calmed her down.
Appearing for the victims, Phoolka also opposed the bail application and claimed Tytler had threatened him on live TV.
Phoolka said this was the first case in the country where a closure report was filed three times and the court rejected it every time. “This is not just a case of killing of three Sikhs, it is a case related to the massacre of Sikhs. 3000 people were killed in broad daylight in Delhi. People who raped and killed Sikh women were honoured, that’s why we are all seeing what is happening in Manipur today,” he said.
Phoolka said not just the witnesses but also lawyers were threatened in the case. Tytler is an influential person, he said.
On the other hand, Tytler’s advocate Manu Sharma told the court that the CBI filed a closure report several times in the case and opposed the protest petitions too. “The CBI had given a clean chit while filing charge sheet in 2007 and 2014,” he said.
He also pointed out that the CBI did not arrest Tytler during the entire investigation.
“The witnesses included after 25 years cannot be trusted. Tytler is not a flight risk. He is the age of 79 and having medical issues,” the Congress leader’s counsel told the court.
On Tuesday, the court issued notice to the CBI, directing the agency to file its reply and arguments by Wednesday.
Last week, Additional Chief Metropolitan Magistrate Vidhi Gupta Anand had summoned Tytler on August 5 for further proceedings in the CBI case following which the anticipatory bail plea was moved.
Background of case
The case goes back to four decades ago on November 1, 1984, when three persons — Badal Singh, Sardar Thakur Singh, and Gurbachan Singh were allegedly burnt to death by a mob in the area near Gurudwara Pul Bangash.
In its charge sheet filed before the court, the CBI alleged that Jagdish Tytler “incited, instigated and provoked” the mob that had assembled at Pul Bangash Gurdwara in Azad Market that resulted in the burning down of the gurudwara and killing of three Sikhs.
No action was recommended against Tytler in the chargesheets filed on September 28, the first Supplementary Report on March 27, 2009, Second Supplementary Report submitted on December 24, 2014.
However, the prosecution of Tyter was recommended in the third Supplementary report filed by the probe agency on June 2, 2023.
On September 28, 2007, a chargesheet was filed by CBI. However, with respect to Jagdish Tytler, it was stated that no material evidence was found.
What followed in the next decade and a half was the filing of a series of closure reports by the CBI with respect to accused Jagdish Tytler and opposing protest petitions filed by Lakhwinder Kaur, widow of deceased Badal Singh.
The CBI had earlier submitted statements of the eyewitnesses mentioned in the supplementary chargesheet stating that during further investigation, they had specifically stated seeing the accused leader at the spot of the incident whereby he was leading and inciting the mob carrying deadly weapons which committed the alleged offences.
The court had taken cognisance of the CBI’s charge sheet against Tyter which was filed on May 20 under 148 IPC (rioting armed with a deadly weapon), 153 A (promoting enmity between different groups), and IPC 188 which imposes punishment on a person who disobeys an order which is promulgated by a public servant.
Offences under 147 (Punishment for rioting), 149 (unlawful assembly), 109 (abetment) r/w 302 (murder), 295 (damage to a place of worship), 427 (mischief loss or damage to the amount of fifty rupees or upward), and 436 IPC (mischief by fire or explosives) for which cognizance has already been taken by the court.
(With additional information from PTI)
NEW DELHI: A Delhi court on Wednesday reserved for August 4 its order on the anticipatory bail application of Congress leader Jagdish Tytler in a case related to the killing of three people in Pul Bangash area here during the 1984 anti-Sikh riots.
Special Judge Vikas Dhull reserved the order after hearing arguments of Tytler’s counsel and the Central Bureau of Investigation (CBI) which is probing the case.
Opposing the Congress leader’s plea, the central probe agency argued that the witnesses in the case have come forward showing great courage, and the possibility of influencing them cannot be ruled out.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“As per the statements of new witnesses, prima facie the role of Jagdish Tytler appears,” the CBI argued.
During the proceedings, a woman, who claimed to be a victim, told the court it has been 39 years and they have still not got justice, and broke down in front of the judge.
Senior advocate H S Phoolka, who has been representing the riot victims for around four decades, and other advocates calmed her down.
Appearing for the victims, Phoolka also opposed the bail application and claimed Tytler had threatened him on live TV.
Phoolka said this was the first case in the country where a closure report was filed three times and the court rejected it every time. “This is not just a case of killing of three Sikhs, it is a case related to the massacre of Sikhs. 3000 people were killed in broad daylight in Delhi. People who raped and killed Sikh women were honoured, that’s why we are all seeing what is happening in Manipur today,” he said.
Phoolka said not just the witnesses but also lawyers were threatened in the case. Tytler is an influential person, he said.
On the other hand, Tytler’s advocate Manu Sharma told the court that the CBI filed a closure report several times in the case and opposed the protest petitions too. “The CBI had given a clean chit while filing charge sheet in 2007 and 2014,” he said.
He also pointed out that the CBI did not arrest Tytler during the entire investigation.
“The witnesses included after 25 years cannot be trusted. Tytler is not a flight risk. He is the age of 79 and having medical issues,” the Congress leader’s counsel told the court.
On Tuesday, the court issued notice to the CBI, directing the agency to file its reply and arguments by Wednesday.
Last week, Additional Chief Metropolitan Magistrate Vidhi Gupta Anand had summoned Tytler on August 5 for further proceedings in the CBI case following which the anticipatory bail plea was moved.
Background of case
The case goes back to four decades ago on November 1, 1984, when three persons — Badal Singh, Sardar Thakur Singh, and Gurbachan Singh were allegedly burnt to death by a mob in the area near Gurudwara Pul Bangash.
In its charge sheet filed before the court, the CBI alleged that Jagdish Tytler “incited, instigated and provoked” the mob that had assembled at Pul Bangash Gurdwara in Azad Market that resulted in the burning down of the gurudwara and killing of three Sikhs.
No action was recommended against Tytler in the chargesheets filed on September 28, the first Supplementary Report on March 27, 2009, Second Supplementary Report submitted on December 24, 2014.
However, the prosecution of Tyter was recommended in the third Supplementary report filed by the probe agency on June 2, 2023.
On September 28, 2007, a chargesheet was filed by CBI. However, with respect to Jagdish Tytler, it was stated that no material evidence was found.
What followed in the next decade and a half was the filing of a series of closure reports by the CBI with respect to accused Jagdish Tytler and opposing protest petitions filed by Lakhwinder Kaur, widow of deceased Badal Singh.
The CBI had earlier submitted statements of the eyewitnesses mentioned in the supplementary chargesheet stating that during further investigation, they had specifically stated seeing the accused leader at the spot of the incident whereby he was leading and inciting the mob carrying deadly weapons which committed the alleged offences.
The court had taken cognisance of the CBI’s charge sheet against Tyter which was filed on May 20 under 148 IPC (rioting armed with a deadly weapon), 153 A (promoting enmity between different groups), and IPC 188 which imposes punishment on a person who disobeys an order which is promulgated by a public servant.
Offences under 147 (Punishment for rioting), 149 (unlawful assembly), 109 (abetment) r/w 302 (murder), 295 (damage to a place of worship), 427 (mischief loss or damage to the amount of fifty rupees or upward), and 436 IPC (mischief by fire or explosives) for which cognizance has already been taken by the court.
(With additional information from PTI)
